PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

10/24/07

ITEM NO. 19 : IL TO OS; 5.792 ACRES; MARY’S LAKE ADDITION (MKM)

Z-09-20-07:  IL (Limited Industrial) to OS (Open Space); 5.792 acres; Mary’s Lake Addition, Tract A (Initiated by Planning Commission on 8/29/07)

STAFF RECOMMENDATION: Staff recommends approval of the rezoning of approximately 5.792  acres from IL (Limited Industrial) District to OS (Open Space) District and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report.

Applicant’s reason for request:        The final plat for Mary’s Lake included 5.792 acres in Tract A which was to be conveyed to the City of Lawrence as parkland. The rezoning request is to establish a zoning classification for this property which accurately reflects the land use.

KEY POINTS

§ The final plat for Mary’s Lake Addition [PF-01-01-06] was approved by the Planning Commission on 2/16/06, the City Commission accepted the dedication of rights-of-ways and easements on 3/7/06 and the final plat was recorded on 9/27/06.

§ Tract A on Mary’s Lake Addition Final Plat was transferred to the City as parkland.

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

• The area is characterized by a mix of uses including established single family neighborhoods, a light industrial facility and a large City park area which contains the Prairie Park Nature Center and Mary’s Lake. The property to the south is outside the City limits and contains undeveloped land with some industrial uses.

CONFORMANCE WITH HORIZON 2020

§ The proposed request conforms to land use recommendations found in Horizon 2020.

ASSOCIATED CASES/OTHER ACTION REQUIRED

· Approval of this rezoning request by the City Commission and Ordinance publication.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

§ Several neighboring property owners contacted the Planning Office for information on the rezoning request. They felt it was appropriate to rezone the area to the OS (Open Space) District.

GENERAL INFORMATION

Current Zoning and Land Use:  Surrounding Zoning and Land Use:

IL (Light Industrial); woodland. To the west:  RS7 (Single-dwelling Residential) District; single dwelling residences under construction. To the north and east: OS (Open Space) District; City parkland containing the Prairie Park Nature Center and Mary’s Lake To the south:  property outside the City limits which is zoned A (Agricultural) District; undeveloped land.

I.  ZONING AND LAND USES OF SURROUNDING PROPERTIES

Staff Finding – The surrounding properties contain properties zoned for single-family residences, open space and agricultural uses. The single-family residences are under construction and the agricultural land is not currently in agricultural production.

II.  CHARACTER OF THE AREA

Staff Finding  -- This area is the southeastern corner of the City and contains a large regional park area. The open space in the Prairie Park Nature Center and Mary’s Lake are a major defining feature of the area. There are residential neighborhoods and nearby industrial uses, which are mitigated by the open space in the area.

III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

The property is heavily wooded. It is located adjacent to the existing Mary’s Lake and is not appropriate for industrial uses which are permitted in the IL (Light Industrial) District. The property would be suited for use as open space.

Staff Finding  --  The subject property is not suitable for industrial uses as currently zoned; but is suitable for use as open space.

IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

Staff Finding – The final plat was recorded in September of 2006. The property has never been developed.

V.     EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

Staff Finding –  The rezoning would establish a zoning classification which would fit the land use. The tract has been dedicated to the City as parkland which will provide additional open space for the area.  There would be no detrimental effect on nearby property.

VI.    RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS

Staff Finding – The rezoning request will allow the zoning to accurately reflect the land use of the subject property. The rezoning will not benefit nor harm the public health, safety or welfare other than providing accurate information on the types of land use which are permitted.

VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN

Parks, Recreation and Open Space Chapter (Chapter Nine) of Horizon 2020  contains the following recommendations regarding the establishment of City park land and open space.

Horizon 2020 states that maintaining and enhancing existing regional parks is a primary objective of the Parks & Recreation Department. (Page 9-5)

STAFF REVIEW

The property to the west of Mary’s Lake and the Prairie Park Nature Center was platted as the Mary’s Lake Addition in 2006. This plat contains the southern portion of Harper Road. The final plat created Tract A which is adjacent to the parkland to the east.   This tract was transferred to the City as parkland and is an expansion of the Nature Center and Mary’s Lake park facility.  The rezoning to OS will provide a zoning classification that accurately reflects the land use.